OVERVIEW
This website is operated by  MaxxHerb. Throughout the site, the terms “we”, “us” and “our” refer to  MaxxHerb. MaxxHerb offers this website, including all information, tools  and Services available from this site to you, the user, conditioned  upon your acceptance of all terms, conditions, policies and notices  stated here.
 

By visiting our site and/ or purchasing something  from us, you engage in our “Service” and agree to be bound by the  following terms and conditions (“Terms of Service”, “Terms”), including  those additional terms and conditions and policies referenced herein  and/or available by hyperlink. These Terms of Service apply to all users  of the site, including without limitation users who are browsers,  vendors, customers, merchants, and/ or contributors of content.
 

Please read these Terms of Service carefully before accessing or using  our website. By accessing or using any part of the site, you agree to be  bound by these Terms of Service. If you do not agree to all the terms  and conditions of this agreement, then you may not access the website or  use any Services. If these Terms of Service are considered an offer,  acceptance is expressly limited to these Terms of Service.
 

Any  new features or tools which are added to the current store shall also  be subject to the Terms of Service. You can review the most current  version of the Terms of Service at any time on this page. We reserve the  right to update, change or replace any part of these Terms of Service  by posting updates and/or changes to our website. It is your  responsibility to check this page periodically for changes. Your  continued use of or access to the website following the posting of any  changes constitutes acceptance of those changes.
 

Our store is  hosted on Shopify Inc. They provide us with the online e-commerce  platform that allows us to sell our products and Services to you.
 

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at  least the age of majority in your state or province of residence, or  that you are the age of majority in your state or province of residence  and you have given us your consent to allow any of your minor dependents  to use this site.
You may not use our products for any illegal or  unauthorized purpose nor may you, in the use of the Service, violate any  laws in your jurisdiction (including but not limited to copyright  laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
 

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card  information), may be transferred unencrypted and involve (a)  transmissions over various networks; and (b) changes to conform and  adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over  networks.
You agree not to reproduce, duplicate, copy, sell, resell  or exploit any portion of the Service, use of the Service, or access to  the Service or any contact on the website through which the Service is  provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is  not accurate, complete or current. The material on this site is provided  for general information only and should not be relied upon or used as  the sole basis for making decisions without consulting primary, more  accurate, more complete or more timely sources of information. Any  reliance on the material on this site is at your own risk.
This  site may contain certain historical information. Historical information,  necessarily, is not current and is provided for your reference only. We  reserve the right to modify the contents of this site at any time, but  we have no obligation to update any information on our site. You agree  that it is your responsibility to monitor changes to our site.
 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service  (or any part or content thereof) without notice at any time.
We  shall not be liable to you or to any third-party for any modification,  price change, suspension or discontinuance of the Service.
 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online  through the website. These products or Services may have limited  quantities and are subject to return or exchange only according to our  Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to  display as accurately as possible the colors and images of our products  that appear at the store. We cannot guarantee that your computer  monitor's display of any color will be accurate.
We reserve the  right, but are not obligated, to limit the sales of our products or  Services to any person, geographic region or jurisdiction. We may  exercise this right on a case-by-case basis. We reserve the right to  limit the quantities of any products or Services that we offer. All  descriptions of products or product pricing are subject to change at  anytime without notice, at the sole discretion of us. We reserve the  right to discontinue any product at any time. Any offer for any product  or Service made on this site is void where prohibited.
We do not  warrant that the quality of any products, Services, information, or  other material purchased or obtained by you will meet your expectations,  or that any errors in the Service will be corrected.
 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in  our sole discretion, limit or cancel quantities purchased per person,  per household or per order. These restrictions may include orders placed  by or under the same customer account, the same credit card, and/or  orders that use the same billing and/or shipping address. In the event  that we make a change to or cancel an order, we may attempt to notify  you by contacting the e‑mail and/or billing address/phone number  provided at the time the order was made. We reserve the right to limit  or prohibit orders that, in our sole judgment, appear to be placed by  dealers, resellers or distributors.
 

You agree to provide  current, complete and accurate purchase and account information for all  purchases made at our store. You agree to promptly update your account  and other information, including your email address and credit card  numbers and expiration dates, so that we can complete your transactions  and contact you as needed.
 

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
 

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”  and “as available” without any warranties, representations or conditions  of any kind and without any endorsement. We shall have no liability  whatsoever arising from or relating to your use of optional third-party  tools.
Any use by you of the optional tools offered through the  site is entirely at your own risk and discretion and you should ensure  that you are familiar with and approve of the terms on which tools are  provided by the relevant third-party provider(s).
We may also, in  the future, offer new Services and/or features through the website  (including the release of new tools and resources). Such new features  and/or Services shall also be subject to these Terms of Service.
 

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites  that are not affiliated with us. We are not responsible for examining or  evaluating the content or accuracy and we do not warrant and will not  have any liability or responsibility for any third-party materials or  websites, or for any other materials, products, or Services of  third-parties.
We are not liable for any harm or damages related to  the purchase or use of goods, Services, resources, content, or any  other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and  make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party  products should be directed to the third-party.
 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example  contest entries) or without a request from us, you send creative ideas,  suggestions, proposals, plans, or other materials, whether online, by  email, by postal mail, or otherwise (collectively, 'comments'), you  agree that we may, at any time, without restriction, edit, copy,  publish, distribute, translate and otherwise use in any medium any  comments that you forward to us. We are and shall be under no obligation  (1) to maintain any comments in confidence; (2) to pay compensation for  any comments; or (3) to respond to any comments.
We may, but have  no obligation to, monitor, edit or remove content that we determine in  our sole discretion to be unlawful, offensive, threatening, libelous,  defamatory, pornographic, obscene or otherwise objectionable or violates  any party’s intellectual property or these Terms of Service.
You  agree that your comments will not violate any right of any third-party,  including copyright, trademark, privacy, personality or other personal  or proprietary right. You further agree that your comments will not  contain libelous or otherwise unlawful, abusive or obscene material, or  contain any computer virus or other malware that could in any way affect  the operation of the Service or any related website. You may not use a  false e‑mail address, pretend to be someone other than yourself, or  otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments  posted by you or any third-party.
 

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed  by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY  POLICY]
 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service  that contains typographical errors, inaccuracies or omissions that may  relate to product descriptions, pricing, promotions, offers, product  shipping charges, transit times and availability. We reserve the right  to correct any errors, inaccuracies or omissions, and to change or  update information or cancel orders if any information in the Service or  on any related website is inaccurate at any time without prior notice  (including after you have submitted your order).
We undertake no  obligation to update, amend or clarify information in the Service or on  any related website, including without limitation, pricing information,  except as required by law. No specified update or refresh date applied  in the Service or on any related website, should be taken to indicate  that all information in the Service or on any related website has been  modified or updated.
 

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service,  you are prohibited from using the site or its content: (a) for any  unlawful purpose; (b) to solicit others to perform or participate in any  unlawful acts; (c) to violate any international, federal, provincial or  state regulations, rules, laws, or local ordinances; (d) to infringe  upon or violate our intellectual property rights or the intellectual  property rights of others; (e) to harass, abuse, insult, harm, defame,  slander, disparage, intimidate, or discriminate based on gender, sexual  orientation, religion, ethnicity, race, age, national origin, or  disability; (f) to submit false or misleading information; (g) to upload  or transmit viruses or any other type of malicious code that will or  may be used in any way that will affect the functionality or operation  of the Service or of any related website, other websites, or the  Internet; (h) to collect or track the personal information of others;  (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for  any obscene or immoral purpose; or (k) to interfere with or circumvent  the security features of the Service or any related website, other  websites, or the Internet. We reserve the right to terminate your use of  the Service or any related website for violating any of the prohibited  uses.
 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for  indefinite periods of time or cancel the Service at any time, without  notice to you.
You expressly agree that your use of, or inability  to use, the Service is at your sole risk. The Service and all products  and Services delivered to you through the Service are (except as  expressly stated by us) provided 'as is' and 'as available' for your  use, without any representation, warranties or conditions of any kind,  either express or implied, including all implied warranties or  conditions of merchantability, merchantable quality, fitness for a  particular purpose, durability, title, and non-infringement.
In no  case shall MaxxHerb, our directors, officers, employees, affiliates,  agents, contractors, interns, suppliers, Service providers or licensors  be liable for any injury, loss, claim, or any direct, indirect,  incidental, punitive, special, or consequential damages of any kind,  including, without limitation lost profits, lost revenue, lost savings,  loss of data, replacement costs, or any similar damages, whether based  in contract, tort (including negligence), strict liability or otherwise,  arising from your use of any of the Service or any products procured  using the Service, or for any other claim related in any way to your use  of the Service or any product, including, but not limited to, any  errors or omissions in any content, or any loss or damage of any kind  incurred as a result of the use of the Service or any content (or  product) posted, transmitted, or otherwise made available via the  Service, even if advised of their possibility. Because some states or  jurisdictions do not allow the exclusion or the limitation of liability  for consequential or incidental damages, in such states or  jurisdictions, our liability shall be limited to the maximum extent  permitted by law.
 

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MaxxHerb and our  parent, subsidiaries, affiliates, partners, officers, directors, agents,  contractors, licensors, Service providers, subcontractors, suppliers,  interns and employees, harmless from any claim or demand, including  reasonable attorneys’ fees, made by any third-party due to or arising  out of your breach of these Terms of Service or the documents they  incorporate by reference, or your violation of any law or the rights of a  third-party.
 

SECTION 15 - SEVERABILITY
 In the event that any provision of these Terms of Service is determined  to be unlawful, void or unenforceable, such provision shall nonetheless  be enforceable to the fullest extent permitted by applicable law, and  the unenforceable portion shall be deemed to be severed from these Terms  of Service, such determination shall not affect the validity and  enforceability of any other remaining provisions.
 

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the  termination date shall survive the termination of this agreement for all  purposes.
These Terms of Service are effective unless and until  terminated by either you or us. You may terminate these Terms of Service  at any time by notifying us that you no longer wish to use our  Services, or when you cease using our site.
If in our sole judgment  you fail, or we suspect that you have failed, to comply with any term  or provision of these Terms of Service, we also may terminate this  agreement at any time without notice and you will remain liable for all  amounts due up to and including the date of termination; and/or  accordingly may deny you access to our Services (or any part thereof).
 

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of  these Terms of Service shall not constitute a waiver of such right or  provision.
These Terms of Service and any policies or operating  rules posted by us on this site or in respect to the Service constitutes  the entire agreement and understanding between you and us and governs  your use of the Service, superseding any prior or contemporaneous  agreements, communications and proposals, whether oral or written,  between you and us (including, but not limited to, any prior versions of  the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide  you Services shall be governed by and construed in accordance with the  laws of United States.
 

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or  replace any part of these Terms of Service by posting updates and  changes to our website. It is your responsibility to check our website  periodically for changes. Your continued use of or access to our website  or the Service following the posting of any changes to these Terms of  Service constitutes acceptance of those changes.
 

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@nopal100.com
Our contact information is posted below:

email: info@nopal100.com
address: 1137 E Marion St #175 Shelby, NC 28150
phone: 800.951.9271